Introduction to Criminal Law
 State of Mind: Almost all crimes require an illegal act
to be accompanied by a guilty mind.
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Mens Rea
Strict Liability
Mens rea
 Latin term used by lawyers when they discuss
requirements for a guilty state of mind
Strict liability
 Legal responsibility for damage or injury even if you
are not negligent.
 These offenses do not require a guilty state of mind.
 The act itself is criminal. Example: Serving alcoholic
beverages to minors and statutory rape.
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Statutory rape: the act of unlawful sexual intercourse by an
adult with someone under the age of consent, even if the minor is
a willing and voluntary participant in the sexual act
General Consideration
 Every crime is defined by certain Elements: the
conditions that make an act unlawful
 These conditions must be proven at trial in order to
convict the offender.
 In edition to proving mens rea, the criminal act must be
proven.
 For example: Robbery is defined as the unlawful taking
and carrying away of goods or money from someone’s
person by force or intimidation.
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Thus the elements of robbery are: (1) the taking and carrying away of
goods or money (2) the taking of someone’s property and (3) the use
of force or intimidation.
State and Federal Crimes
 Criminal law exist at both the state and federal level
 Example of state crimes can range from: simple
assault – Murder
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Most state crimes are persecuted in state court unless they
occur on federal property such as a national park.
 Examples of federal crimes are: failure to pay federal
taxes, mail fraud, espionage, and smuggling.
 Some crimes such as illegal possession of drugs and
bank robbery, can violate both state and federal law.
Classes of Crimes
 Felony: a serious criminal offense punishable by a
prison sentence of more than one year
 Misdemeanor: any crime for which the potential
penalty is imprisonment for one year or less
Parties to Crimes
 Principal: the person who commits a crime
 Accomplice: someone who helps the principal
commit a crime
 Accessory before the fact: a person who orders a
crime or helps the principal commit the crime but
who is not present during the crime
 Accessory after the fact: a person who, knowing
the crime has been committed, helps the principal or
an accomplice avoid capture or helps them escape
Crimes of Omission
 A Crime of omission occur when a person fails to
perform an act required by criminal law, if he or she
has the power to do so.
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Example: Failure to file a tax return or failure to stop after
being involve in an automobile accident.
Preliminary Crimes
 Behavior that takes place before or in preparation for
committing a crime.
 They are sometimes called Inchoate crimes:
crimes that are committed before or in preparation
for committing another crime
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They require proof of criminal intent but can be punished even
if the harm intended never occurred.
Example: Intent to rob a bank
Preliminary Crimes Cont…
 Solicitation: the act of requesting or strongly
urging someone to do something
 Attempt: an effort to commit a crime that goes
beyond mere preparation but does not result in the
commission of the crime
 Conspiracy: an agreement between two or more
persons to commit a crime along with a substantial
act toward committing the crime
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In many states and under some federal law, an Overt act: an
act that is open to view – is required for conviction on a
conspiracy charge
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Example Purchasing a ski mask for a robbery
The End
 Questions?